Court Says Cop's Criticism Isn't Protected Speech
Recent Cases
An Illinois State Police officer was not wrongfully transferred for accusing his superiors of sabotaging his investigation of a cold-case murder, the 7th Circuit ruled.
Plaintiff Michale Callahan filed a First Amendment retaliation claim against his superiors, Steven Fermon and Diane Carper.
Judge Ripple ruled that the U.S. Supreme Court's decision in Garcetti v. Ceballos determined that the First Amendment did not protect the free speech of a public employee acting in his official capacity.
Callahan's investigation indicated that the two men serving life sentences for the murders could not have committed the crime. Callahan then came to believe that the real killer was a man who had made significant contributions to the campaigns of the attorney general and the governor.
Callahan alleged that when he told Fermon and Carper about the results of his investigation, he was asked to pursue lesser charges against the contributor and to stop investigating the murder because of the case's political sensitivity.
After tension became too high in the police department, Callahan was transferred to another precinct.
The trial court had ruled in favor of Callahan, and the Garcetti decision came down during the defendants' appeal.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.